Vehicle Standard (Australian Design Rule 59/00 - Omnibus Rollover Strength) 2006

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006L01451 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 59/00 – Omnibus Rollover Strength) 2006

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Transport and

Regional Service

 

 

 

 

 

 

 

 

February 2006

 

 

CONTENTS

 

1. legislative context................................................

2. impact of the legislative instruments act 2003...........................

3. content and effect of ADR 59/00 - Omnibus Rollover Strength.............

4. consultation arrangements..........................................

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 59/00 — Omnibus Rollover Strength) 2006 is made under the Motor Vehicle Standards Act 1989 (the Act).  The Act enables the Australian Government to establish nationally uniform standards for road vehicles when they are first supplied to the market in Australia.  The Act applies to such vehicles whether they are manufactured in Australia or are imported as new or second hand vehicles.

The making of the vehicle standards necessary for the Act's effective operation is provided for in section 7 which empowers the Minister to "determine vehicle standards for road vehicles or vehicle components".

Australian Design Rule (ADR) 59/00 was originally determined in Determination No.1 of 1989 and has been amended in four subsequent determinations.  ADR 59/00 is being remade to comply with the requirements of the Legislative Instruments Act 2003 (LIA) and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments.  The remaking of ADR 59/00 has not altered the substance of the standard as last determined.

  1.                        impact of the legislative instruments act 2003

Until now ADRs have been determined in “packages”, that is, a single determination will create, amend and repeal multiple ADRs.  In example, Determination 1 of 1991 amended 32 ADRs and Determination 2 of 2003 created one new ADR and amended 13.  The determination is the legislative instrument, not the ADR itself.

 

The intent of the LIA is to allow easy access to all legislative instruments and to be able to track their history and changes.  The current form of determination used to created vehicle standards does not allow for this as it is difficult to isolate the change history of individual ADRs and the legislative instruments (the determinations) do not contain the information of importance to those using the ADRs – the vehicle standards.

 

In consultation with the Attorney General’s Department it has been agreed that the most effective solution is to remake each ADR as a separate vehicle standard determined under section 7 of the Act.  In doing this, there is no need to backcapture the old determinations and the new layout better fits the intent of the LIA.  With each ADR as a separate vehicle standard it will be possible for interested parties to view the ADR and its change history on the Federal Register of Legislative Instruments.

  1.                        content and effect of ADR 59/00 - Omnibus Rollover Strength
    1.                  Overview of the ADR

The function of this Australian Design Rule is to specify the strength of an omnibus superstructure to withstand forces encountered in rollover crashes.

  1.                  Changes to the ADR

The following changes have been made to the ADR:

  • Format.  The ADR is now presented as a single column of text rather than two columns.
  • Replace clause A with the following:

“A. Legislative provisions

A.1. NAME OF STANDARD

A.1.1. This Standard is the Vehicle Standard (Australian Design Rule 59/00 – Omnibus Rollover Strength) 2006.

A.1.2. This Standard may also be cited as Australian Design Rule 59/00 — Omnibus Rollover Strength.

A.2. COMMENCEMENT

A.2.1. This Standard commences on the day after it is registered.

A.3. REPEAL

A.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 59/00 — Omnibus Rollover Strength that is:

(a) made under section 7 of the Motor Vehicles Standard Act 1989; and

(b) in force at the commencement of this Standard.

A.3.2. This Standard also repeals each instrument made under section 7 of the Motor Vehicles Standard Act 1989 that creates a vehicle standard with the name Australian Design Rule 59/00 — Omnibus Rollover Strength, if there are no other vehicle standards created by that instrument, or amendments to vehicle standards made by that instrument, that are still in force at the commencement of this Standard. “

  • Replace 9.1 with

 “59.1. DEFINITIONS

  Refer to section 2 of Appendix A.”

 

The text of clause A has been provided by the Attorney General’s Department to facilitate remaking each ADR as a separate legislative instrument.  This text repeals and replaces each ADR as a vehicle standard independently of the Determination under which it was made.  Once all ADRs made under a particular Determination have been remade, that Determination is repealed. 

 


  1.                  Documents Incorporated by Reference

This section lists documents referenced in the vehicle standard and how they can be obtained.

  • UNECE Regulations are available from their website, http://www.unece.org/trans/main/wp29/wp29regs.html.
    • ECE R 66/00, "Superstructure Strength of Large Passenger Vehicles” (s59.3)
  1.                        consultation arrangements
    1.                  Specific Consultation Arrangements for this Vehicle Standard

As the changes to this vehicle standard are purely administrative (to comply with the LIA) no public consultation has been undertaken.

 

The Department of Transport and Regional Services has sought advice and assistance from the Office of Legislative Drafting and the Federal Register of Legislative Instruments on how best to handle the backcapture requirements of the LIA.

 

The Office of Regulation Review has agreed that a regulation impact statement is not required as the intent and technical content of the vehicle standard has not changed.

 

 

Overview

The Vehicle Standard (Australian Design Rule 59/00 – Omnibus Rollover Strength) 2006 was enacted under the Motor Vehicle Standards Act 1989 to ensure nationally uniform standards for road vehicles supplied to the Australian market. This legislative instrument addresses the need to comply with the Legislative Instruments Act 2003, which aims to facilitate easy access and tracking of legislative changes. The Act empowers the Minister for Transport and Regional Services to determine vehicle standards, ensuring that vehicles, whether manufactured domestically or imported, meet specific safety criteria. The policy objective is to enhance road safety by setting robust standards for omnibus rollover strength, thereby reducing the risk of fatalities and injuries in rollover accidents. The remaking of ADR 59/00 as a separate legislative instrument aligns with the intent of the Legislative Instruments Act, allowing for better visibility and management of changes to individual ADRs on the Federal Register of Legislative Instruments.

Scope and Application

The Vehicle Standard (Australian Design Rule 59/00 – Omnibus Rollover Strength) 2006 applies to all road vehicles supplied in Australia, whether they are manufactured domestically or imported as new or second-hand vehicles. This is in accordance with the Motor Vehicle Standards Act 1989, which mandates nationally uniform standards for such vehicles. The Act's jurisdiction is Commonwealth-wide, ensuring consistent application across all states and territories. The remaking of Australian Design Rule (ADR) 59/00 under the Act aligns with the requirements of the Legislative Instruments Act 2003, facilitating better tracking and accessibility of legislative changes for stakeholders. The ADR itself specifies the required strength of an omnibus superstructure to withstand rollover crash forces, with the legislative context ensuring these standards are uniformly enforced nationwide. No specific exclusions or exemptions are detailed within this particular vehicle standard, and its application is not extended or restricted by subordinate instruments.

Key Provisions

The Vehicle Standard (Australian Design Rule 59/00 – Omnibus Rollover Strength) 2006 (the "Standard") is made under the Motor Vehicle Standards Act 1989 (the "Act"). The Standard, as set out in section 7 of the Act, establishes nationally uniform standards for the strength of omnibus superstructures to withstand forces encountered in rollover crashes. It applies to both locally manufactured and imported omnibuses, ensuring that they meet the specified rollover strength requirements before being supplied to the Australian market. The Standard is structured in several key sections: A.1.1 identifies the Standard as the Vehicle Standard (Australian Design Rule 59/00 – Omnibus Rollover Strength) 2006, while A.2 sets the commencement date as the day after registration. A.3 details the repeal of previous versions of the Standard and related instruments to ensure consistency and clarity in regulatory compliance. The Standard imposes obligations on manufacturers, importers, and suppliers of omnibuses to ensure that their vehicles meet the specified rollover strength requirements. Manufacturers and importers must test and certify that their omnibuses comply with the Standard before they are supplied to the market. Suppliers are also obligated to ensure that the omnibuses they distribute meet these standards. Compliance with the Standard is necessary for the lawful sale and use of omnibuses in Australia, and failure to comply can result in legal consequences. Breach of the Standard's requirements can lead to various civil and criminal consequences. Under the Motor Vehicle Standards Act 1989, non-compliance with vehicle standards can result in penalties. Specifically, section 28 of the Act provides for fines up to a certain amount for each offence, and section 29 allows for the seizure and detention of non-compliant vehicles. Additionally, repeated or serious breaches may result in more severe penalties, including imprisonment, reflecting the seriousness of compromising vehicle safety standards. It is crucial for all parties involved in the supply chain to adhere to these standards to avoid such repercussions.

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Commercial Law
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Regulation
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Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.